Sausalito/Marin County Chapter of the California Homeless Union v. City of Sausalito
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SAUSALITO/MARIN COUNTY Case No. 21-cv-01143-EMC
CHAPTER OF THE CALIFORNIA
HOMELESS UNION, et al.,
ORDER DENYING PLAINTIFFS’
Plaintiffs, MOTION FOR ORDER TO SHOW
CAUSE AND FOR MODIFICATION OF
v. PRELIMINARY INJUNCTION
CITY OF SAUSALITO, et al., Docket No.
Defendants.
13 14 On December 9, 2021, the Court heard: (1) Plaintiffs’ motion for an order to show cause regarding contempt and for modification of the preliminary injunction and (2) Defendants’ cross- motion for modification of the preliminary injunction. I. CONTEMPT The Court addresses first the contempt motion.
In the Ninth Circuit, the moving party has the initial burden to show "by clear and convincing evidence that the contemnors violated a specific and definite order of the court." In re Bennett, 298 F.3d 1059, 1069 (9th Cir. 2002) (citation and quotation marks omitted). Once the…